HomeMy WebLinkAbout2011-05-04; Planning Commission; Resolution 67751 PLANNING COMMISSION RESOLUTION NO. 6775
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
COASTAL DEVELOPMENT PERMIT CDP 11-02 TO ALLOW
4 FOR THE CONSTRUCTION OF A NEW 3,052 SQUARE FOOT
5 ONE STORY SINGLE FAMILY RESIDENCE WITH AN
ATTACHED THREE CAR GARAGE ON A .24 ACRE LOT
6 GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
TAMARACK AVENUE AND SHERIDAN PLACE WITHIN
7 THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE
8 1.
9 CASE NAME: TAMARACK NPI RESIDENCE
CASE NO.: CDP 11-02
10
WHEREAS, New Pointe Investment 15, LLC, "Developer/Owner," has filed a
J2 verified application with the City of Carlsbad regarding property described as
13 That Portion of Tract 232 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according
14 to Map Thereof No. 1681, Filed in the Office of the County
.. Recorder of San Diego County, December 9,1915,
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Coastal
1 8 Development Permit as shown on Exhibits "A"-"D" dated May 4, 2011, on file in the Planning
19 Department, TAMARACK NPI RESIDENCE - CDP 11-02, as provided by Chapter
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21.201.040 of the Carlsbad Municipal Code; and
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22 WHEREAS, the Planning Commission did, on May 4, 2011, hold a duly noticed
23 public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CDP.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
3 APPROVES TAMARACK NPI RESIDENCE - CDP 11-02 based on the
following findings and subject to the following conditions:
4
c Findings;
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the development consists of a new single
7 family dwelling unit and the development is consistent with the Mello II Land Use
designation of RLM. The proposed one-story, single-family dwelling unit is
consistent with the surrounding development of single-family and multi-family
structures. The one-story residence will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual
10 beauty of the coastal zone. No agricultural uses currently exist on the site, nor are
there any sensitive resources located on the property. The proposed single-family
residence is not located in an area of known geologic instability or flood hazard. The
site is not in close proximity to the coast and therefore no public opportunities for
coastal shoreline access are available from the subject site. The residentially
13 designated site is not suited for water-oriented recreation activities.
14 2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the property is not located adjacent to the shore and
therefore the project will not interfere with the public's right to physical access to
1, the ocean and the site is not suited for water-oriented recreational activities.ID
17 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
18 City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil
- „ erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
21 floods, or liquefaction.
22 4. The project is not located between the sea and the first public road parallel to the sea, and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
That the Planning Director has determined that the project belongs to a class of projects
95 that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
26 preparation of environmental documents pursuant to Section 15303(a) (construction of
one single-family residence in an urbanized area) of the state CEQA Guidelines. In
• making this determination, the Planning Director has found that the exceptions listed in
~~ Section 15300.2 of the state CEQA Guidelines do not apply to this project.
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6. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
2 of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning
3 Ordinance).
4 7. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 1, and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
9 a. The project has been conditioned to provide proof from the Carlsbad Unified School
10 District that the project has satisfied its obligation for school facilities.
11 b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
13 8. The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City's General Plan based on the facts set forth in
14 the staff report dated May 4, 2011 including, but not limited to the following: The
project site has a General Plan Land Use designation of RLM (Residential Low-
Medium Density). The RLM Land Use designation allows the development of single-
family residences at a density of 0-4 dwelling units per acre with a Growth
Management Control Point (GMCP) of 3.2 dwelling units per acre. At the RLM
17 GMCP, .77 dwelling units would be permitted on this 0.24 acre (net developable)
property. However, one single-family dwelling unit is guaranteed pursuant to the
following General Plan provision: "Notwithstanding the density provisions and
, q intent of each residential land use designation, a one-family dwelling shall be
permitted on any legal lot that existed as of October 28, 2004." The subject lot was
20 legally created prior to October 28, 2004; therefore development of a one-family
dwelling is consistent with the RLM General Plan Land Use designation.
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9. The Planning Commission has reviewed each of the exactions imposed on the Developer
22 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
-., to mitigate impacts caused by or reasonably related to this project, and the extent and the
degree of exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
27 1 . If any of the following conditions fail to occur, or if they are, by their terms, to be
28 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
PC RESO NO. 6775 -3-
" building permits.
revoke or modify all approvals herein granted; deny or further condition issuance of all
2 future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
3 property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
^ or a successor in interest by the City's approval of this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
6 and modifications to the Coastal Development Permit documents, as necessary to make
them internally consistent and in conformity with the final action on the project.
7 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.o
9 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any conditions for construction of any public improvements or facilities, or the
1 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this
12 Project are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
13 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
15 representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
17 or indirectly, from (a) City's approval and issuance of this Coastal Development Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
in (c) Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
20 facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
21 approval is not validated.
22 6. Developer shall submit to the Planning Director a reproducible 24" x 36" mylar copy of
23 the Site Plan reflecting the conditions approved by the final decision-making body.
24 7. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
26 8. Prior to the issuance of a building permit, the Developer shall provide proof to the
27 Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
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9. This project shall comply with all conditions and mitigation measures which are required
2 as part of the Zone 1 Local Facilities Management Plan and any amendments made to that
Plan prior to the issuance of building permits.
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10. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
c adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
6 facilities will continue to be available until the time of occupancy.
11. The applicant shall apply for and be issued building permits for this project within two
(2) years of approval or this coastal development permit will expire unless extended per
Section 21.201.210 of the Zoning Ordinance.
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12. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
10 #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
12 Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
13 approval will not be consistent with the General Plan and shall become void.
13. Prior to the issuance of building permits, the Developer shall pay to the City an
inclusionary housing impact fee as an individual fee on a per market rate dwelling unit
basis in the amount in effect at the time, as amended by City Council Resolution from
16 time to time.
17 14. Prior to the issuance of building permits, the Developer shall submit an acoustical
analysis which demonstrates that the architectural plans comply with the State of
California interior noise standard of 45 dBA CNEL. The architectural plans shall
incorporate any additional measures (thicker glazing, sound absorption material, shielding
of vents, or artificial circulation system) to attenuate the noise to an acceptable level.
20 Where windows are required to be unopened or kept closed in order to meet the interior
noise standards, mechanical ventilation and cooling, if necessary, shall be provided to
maintain a habitable environment. The system shall supply two air changes per hour to
~~ each habitable room including 20% (one-fifth) fresh make-up air obtained directly from
the outdoors. The fresh air inlet duct shall be of sound attenuating construction and shall
23 consist of a minimum of ten feet of straight or curved duct or six feet plus one sharp 90
degree bend.
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15. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
26 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
27 Carlsbad has issued a Coastal Development Permit by Resolution No. 6775 on the
property. Said Notice of Restriction shall note the property description, location of the
file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The
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Planning Director has the authority to execute and record an amendment to the notice
2 which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
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Engineering:
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<- Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of a building or
6 grading permit, whichever occurs first.
7 General
Q
16. Prior to hauling dirt or construction materials to or from any proposed construction site
9 within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
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17. Prior to building permit issuance, developer shall cause the property owner to apply for
and submit to the city engineer for recordation a certificate of compliance for lot legality.
18. Developer shall cause property owner to execute and submit to the city engineer for
13 recordation the city's standard form Drainage Hold Harmless Agreement.
14 Grading
19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
16 implement best management practices at all times. Best management practices include
but are not limited to pollution control practices or devices, erosion control to prevent silt
17 runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
, n stormwater conveyance system to the maximum extent practicable. Developer shall
notify prospective owners and tenants of the above requirements.
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20. Developer shall complete and submit to the city engineer a Project Threat Assessment
21 Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
23 the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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21. Developer is responsible to ensure that all final design plans (landscape plans, building
plans, etc) incorporate all source control, site design, treatment control BMP, applicable
2/r hydromodification measures, and Low Impact Design (LID) facilities.
27 22. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
28 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
PC RESO NO. 6775 -6-
discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
2 enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer.
3 Utilities
4 23. Developer shall meet with the fire marshal to determine if fire protection measures (fire
r flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire
hydrants, if proposed, shall be considered public improvements and shall be served by
6 public water mains to the satisfaction of the district engineer.
7 24. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
for connection to public facilities.8
9 Code Reminders:
10 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following code requirements:
, - 25. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
13 permit issuance, except as otherwise specifically provided herein.
14 26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
jg 27. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The floor area
17 contained in the staff report and shown on the site plan are for planning purposes only.
18 NOTICE
19
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
20 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
22 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
23 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
25 annul their imposition.
26 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
2' zoning, grading, or other similar application processing or service fees in connection with this
~o project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
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NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on May 4, 2011, by the following vote, to
wit:
AYES:
NOES:
Chairperson L'Heureux, Commissioners Black, Dominguez,
Nygaard, Schumacher and Siekmann
ABSENT: Commissioner Montgomery
ABSTAIN:
STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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